CFP Board lays out penalties for violations

The CFP Board's new sanction guidelines cover 40 types of misconduct
NOV 02, 2012
Declaring bankruptcy two or more times would lead to the revocation of the CFP credential, while breaching fiduciary duty would result in a three-month suspension, under penalties developed by the organization that grants the certification. This week, the Certified Financial Planner Board of Standards Inc. proposed sanction guidelines for 40 types of misconduct for its Disciplinary and Ethics Commission to consider when punishing financial planners who violate the CFP ethics code. The guidelines were developed over the past four years by reviewing decisions reached by the disciplinary panel, according to Michael Shaw, the CFP Board's managing director of professional standards and legal. “In determining whether to impose a sanction in a particular case, the commission has in the past relied on CFP Board's anonymous case histories for guidance,” Mr. Shaw wrote in an e-mailed statement. “The sanction guidelines are being proposed as another tool the commission can use to ensure that CFP Board's enforcement process remains expedient, consistent and fair for all participants and credible to the public.” The proposed punishments range from revocation of the CFP mark for setting up a Ponzi scheme to a private censure for books and records violations or a misdemeanor criminal conviction to a public letter of admonition for a securities law violation. The disciplinary commission can consider aggravating and mitigating circumstances. The CFP Board will take written comments from CFP professionals on the sanctions guidelines until May 30. The CFP Board's directors are expected to vote on the proposal in July. Last month, the CFP Board approved a new bankruptcy disclosure policy, changes to the CFP experience requirement and amendments to its disciplinary rules and procedures. This year, the CFP Board is expected to seek comments on modifications to its continuing education rules and to its disciplinary-appeals process. The CFP Board grants CFP certification and enforces the related ethical requirements for the approximately 63,000 U.S. investment advisers who hold the mark.

Latest News

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today’s choppy market waters, says Myles Lambert, Brighthouse Financial.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave